Waqas Mohammed Ali Awad
| place_of_birth = | date_of_arrest = | place_of_arrest = | arresting_authority = | date_of_release = | place_of_release = | date_of_death = | place_of_death = | citizenship = Yemen | detained_at = Guantanamo | id_number = 88 | group = | alias = | charge = | penalty = | status = still held in Guantanamo | csrt_summary = | csrt_transcript = | occupation = | spouse = | parents = | children = }} Waqas Mohammed Ali Awad is a citizen of Yemen currently held in the Guantanamo Bay detention camp in Cuba after being classified as an enemy combatant by the United States. Joint Task Force Guantanamo analysts estimate he was born in 1982, in Aden, Yemen and the Department of Defense assigned him the Internment Serial Number 88. As of September 17, 2010, Waqas Mohammed Ali Awad has been held at Guantánamo for eight years eight months. Press accounts The San Francisco Chronicle published a profile of Mike Trinh, Awad's lawyer. mirror According to Trinh: *Awad's real name is "Adham Mohammed Ali Awad". *The injury that cost Awad his leg occurred when a bazaar where he was shopping was bombarded. *Trinh said Awad was of slight build and only five feet tall. *Trinh said Awad had been issued a prosthetic leg, but it was too large so he has to use a walker. *Trinh said Awad acknowledged traveling to Afghanistan to attend a madrassa, but Trinh attributed this to an attempt to leave his family behind. *Trinh believes "Awad wasn't in battle or caught carrying a weapon." Combatant Status Review Tribunal s were usually held in a trailer.]] Initially, the Bush Presidency asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the judicial branch. Critics argued that the US could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently, the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants--rather, they were empowered to make merely a recommendation as to whether the captive had previously been correctly determined to match the Bush Presidency's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Waqas Mohammed Ali Awad's Combatant Status Review Tribunal, on 13 October 2004. The memo listed the following allegations against him: Transcript There is no record that Waqas Mohammed Ali Awad chose to participate in his Combatant Status Review Tribunal. Administrative Review Board hearing | pages=1 | author=Spc Timothy Book | date=Friday March 10, 2006|accessdate=2007-10-10 }}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards were not authorized to review whether a detainee qualified for POW status or to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States because they continued to pose a threat, could safely be repatriated to the custody of their home country, they could be set free. First annual Administrative Review Board A Summary of Evidence memo was prepared for Waqas Mohammed Ali Awad's first annual Administrative Review Board, on 14 June 2005. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Second annual Administrative Review Board A Summary of Evidence memo was prepared for Waqas Mohammed Ali Awad's second annual Administrative Review Board, on 20 April 2006. The memo listed factors for and against his continued detention. Habeas corpus petition When the United States Supreme Court over-ruled the Military Commissions Act of 2006, and renewed Guantanamo captives access to the US justice system his habeas corpus petition was renewed. His original habeas corpus petition was Civil Action No. 05-02379, filed before US District Court Judge Colleen Kollar Kotely CKK. As of July 2008 the Department of Defense and Department of Justice still had not file a factual return laying out the justification for his detention. His lawyers still had not received a copy of his medical records. Carol Rosenberg, writing in the Miami Herald reported that US District Court Judge James Robertson ruled that "Adham Mohammed Ali Awad" was held legally. mirror His was the first habeas petition where the judge ruled in favor of the executive branch, since Barack Obama became President of the United States. Judges ruled in favor the executive branch in five cases during the last months of the Bush administration. Del Quentin Wilber, writing in the Washington Post, reported that ''"He and other fighters barricaded themselves in a hospital. The others fought to the death, but Awad was left behind because he was too badly injured, the government alleged. On June 2, 2010, a three judge panel of the DC Circuit Court of Appeals supported Robertson's ruling. mirror Their ruling was sealed on national security grounds. References External links * Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010 *The Ultimate Legal Challenge *Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010) Category:People held at the Guantanamo Bay detention camp Category:Yemeni extrajudicial prisoners of the United States Category:Living people Category:People from Aden Category:1982 births